Star Chamber Case: Hoby v. Cholmley

single mb (7 November) (Bill of complaint)

To the Queenes Most Excellent Maiestie

In all humble Manner sheweth vnto your most excellent Maiestie your highnes loyal and faithfull Subiect Thomas Posthumus Hobye of Hacknes in the Countie of Yorke knight that Wheras by vertue of your highnes seuerall Comissions your said Subiect hath by the space of fowre Yeares now last past and yet is a Comissioner of the peace, and one of the Quorum of the said Comission within the East and North Rydings of your highnes Countye of Yorke and likewise is a Comyssioner of Oyer and Terminer within your highnes said Countie of Yorke, and also hath bynne a Comissioner for the Assessinge and Taxinge of diuerse your highnes Subiectes within the said North Rydinge and namely for the <...>ge and Taxinge of the now last Subsedie within the same Rydinge, And Wheras also your said Subiect hath bynne at sundrye tymes imployed as well by Commission from your most sacred Maiestie vnder <...>ll Signett as from your highnes most Honorable privye Counsayle as also by aucthoritie from the Right Honorable the Lord Burghley Lord President of your highnes Counsaile established in the Nort<.....>s of England and Lord leyftenante of your highnes said Countie of Yorke for the arminge musteringe and pressinge of Soldiours for such like your highnes military services within the said North and East Rydinges And as it hath pleased your most excellent Maiestie and the said Lordes of your said Honorable privie Counsaile of your most gratious and their honorable opinions Conceived of your said subiect his fidelitie and endevor to imploy your said Subiect in the said services, soe your said subiect hath in the execution of them to the vttermoste of his best skill and Abilitie proceeded for the best advancement of your highnes service to without favor or respect of persons and without any Iust Cause or greivance to any Your Maiesties subiectes; And wheras within the said North Rydinge and within the devision of your said Subiect his said Aucthoritie there are many of the kinsfolkes and Allyes, servantes Retayners folowers and especial freindes and favoured persons of the Right Honorable Ralph Lord Ewre which have Conceived grudge and malice against your said subiect, because they Coulde not attayne at his handes sutch favors exemptions and dischardges as in regard of the Countenance and protection of the said Lorde Ewre they had bynne formerly accustomed vnto, wher vppon they have incensed the said Lorde Ewre makeinge him Conceive hardly for the same of your said subiect, wherby your said Subiect his good endevor to bring such to the obedience of your highnes Lawes was malitiously misconstrued and perverted as if it had bynne donne to Crosse the said Lord Ewre whose love and honorable respect your said subiect hath allwayes sought and desired soe farr as may stande with the dutie of your said subiect his place, and the trust your highnes therby hath reposed in him, And wheras within the said North Rydinge and within the division of your said subiect his said Aucthoritie on Henry Cholmly of Whitby Esquier doth dwell and inhabitt who had by your said subiectes order and appointment diuerse of his nerest kynred Allyes Tenantes and folowers within his libertie of whitby Strande to the nombre of foorescore persons indicted and Convicted for obstinate popyshe Recusancye wherof sundrye of the said obstinate persons did afterwardes Conforme themselves accordinge vnto your Maiestes lawes and others that were more obstinate and attendinge vppon the said Henry Cholmly in his howse he was enforced thoughe very vnwillingly to discharge them his service for feare of Incurringe the penalty of the lawe in that behalf made and provided And wheras by your said subiectes procurement the said Henry Cholmly and his wife had bynne brought to repaire vnto thier parishe Churche there to heare devine service, from whence they had absented themselfes with their whole familye some fewe excepted by the space of three yeres before and to receive the holy Communion within all the time of your highnes most happy Reigne they had ever before refused to doe vppon which ground the said Henry Cholmly hath Conceived in his hart a deepe and rooted mallice against your said subiect And wheras Sir Christopher Hilliard knight dwellinge in the East Rydinge in the said County of Yorke had vppon the like occasions of your said subiectes services Conceived a displeasure and dislikinge with your said Subiect and had not only in many disgracefull and violent speeches vttered the same, but had also vaunted and given out that there was a Companye of youthes in yorkeshire woulde play your said subiect a parte, and that it should be soe handled as he shoulde not be able to mende himselfe ‸⸢And wheras one Stephen hutchenson of wykam in the said county of yorke gentleman did beare mallice against your said subiect for reprooving him for keeping an obstinat popishe Recusant in his howse & labouring the churchwardens of the said parrishe of wykam not to present the said Recusant contrary to their oathe⸣ And wheras william Ewre Esquire sonne and heire apparant of the said Lorde Ewre Sir William Ewre knight brother vnto the said Lorde Ewre, William Dawney gentleman brother vnto the Right Honorable the lady Ewre wife of the said Lord Ewre °George° Smith servant vnto the said Lorde Ewre William Bourne a Reteyner to the said Lord Ewre, Richard Cholmly gentleman sonne and heier apparant of the said Henry Cholmly Iohn Cholmly Nephew of the said Henry Cholmly George Wheatly a reteyner vnto the said Henry Cholmly William Hylliard the younger gentleman Nephew of the said Sir Christopher Hylliard Stephen Hutchenson of wycham in the said North Rydinge gentleman ‸⸢Roberte Cooke servant to the said William Dawney, Iohn Harrison Robert Wright⸣ with sundry others Confederated abowte the Moneth of August in this present two and fortie Yeres of your Maiestes most happy Reigne vnder Couller of visitinge and pretence to hunte in the woodes and grounds adioyninge vnto the howse of your said Subiect in Hacknes in the said North Rydinge to offer vnto your said Subiect some intolerable disgrace and outrage in his owne howse, supposinge that your said subiect woulde either be provoked to some violent revendge, or els that he woulde be loathe to enter into quarrell with those that Came vnder showe of kindnes and frendly visitinge of him to his howse, and by such his sufferance be broughte into disgrace and Contempt In accomplishment of which plott vppon the six and Twentie day of August aforesaid there repaired vnto your subiectes said howse in Hacknes aforesaid ‸⸢not beinge thervnto invited either by your said subiect or his wife⸣ the said William Ewre, Sir William Ewre °George° Smith William Boarne Richard Cholmley ‸⸢Iohn Cholmley⸣ George Wheatly William Hylliard, Stephen Hutchenson ‸⸢Robert Cooke Iohn Harrison Robert wrighte⸣ with diuerse ‸⸢others⸣ Ruffenly servingmen and boyes all weaponed with swordes, Rapeirs and Daggers to the nomber of Twentie persons, the names of many of which said persons your said subiect Cannot yet Certenly learne and therfore humbly praieth your highnes that he may hereafter have libertie to insert them into this his Bill of Complaint and thervppon have the ordinary processe of this most honorable Courtt and all other proceedinges against them when they shalbe knowne, All which said persons makeinge pretence that they had bynne huntinge that day in your Maiesties forrest of Pyckeringe lyth nere adioyninge vnto your Subiectes said howse and that their Cominge was to see your said Subiect ‸⸢and to hunt within his groundes⸣ although there were noe such familiaritye betweene your said Subiect and any the said Riotous persons but rather the Contrary And althoughe at their Cominge their most discorse was of the sporte they had that day had in their huntinge, Yet in truth had they not hunted at all that day neither had they any dogges with them or any other ordinary preparacions for huntinge but vsed speeches as if they had lost their dogges that day and had lefte their huntsmen to gather them togither, and to bringe them after them, and as thoughe they marveyled why they were not Come that night vnto them, And even at their first Cominge into the howse of your said subiect knowinge very well that the order of your said subiectes howse was not to admitt disorderly play at ‸⸢Cardes or⸣ dice yet did the said Riotous persons accordinge to the plott and Confederacy formerly agred amongest them to the end to give occasion of quarrell and offence not only disorderly passe the most part of the tyme in the said vnlawfull games with Cardes and dyse brought on sett purpose thither by Certeyne of the Ruffenly servingmen and boyes which Came in their Company, And when your said Subiectes family were that eveninge at devyne service in the Hall of your subiectes said howse accordinge vnto the vsuall Custome of your Subiectes said howse where by reason of his wifes sicknes your said subiect Coulde not then be present, and had begonne there said devyne service ‸⸢with a psalme⸣ which was ‸⸢songe⸣ in an vsuall time the said Riotous persons beinge in the Dyninge Chamber which is over the hall in your said subiectes howse did trample and stampe with their feete, and did besides singe a blacke santes as they terme it, or some such other songe makinge wilde and strainge noyses in disturbance and prophane derision of prayer and the service of Almightie god, And when they perceived that this Riotous and dispightfull vsadge Coulde not stirr your said subiect to take offence therat that night the next day beinge the seven and Twenteth day of August aforesaid the said Rio<..>us persons notwithstandinge they had resceived enterteynment both for fare and lodginge euery way answerable vnto their seuerall birthes and Callinges togither with the said William Dawney ‸⸢and the said Robert Cooke⸣ who Came that morninge vnto them vppon <...>ge for, and for purposed aforehande to the end to make new Attemptes and to give farther occasion of quarrell fell to diuerse riotous and disordered vsadges and behaviour to make your said subiecte to take further offence Wherevppon your <...> s<.>picion that the said Riotous persons had an intention of quarrell and mischiefe for the avoidinge of farther heate and multiplicacion of wordes refreyninge himself all that day to Come into there Company did <...> if they were pleased to vse his howse in gentlemanly and frendly manner and leave of their disorderous Courses they shoulde be welcome to him, but they enraged with that Messadge Continued those disorders in <...> manner then before, and pursvinge their first intended plot enterd into Raylinge malicious and Revilinge speeches of your said Subiect and of his wife whervppon your said subiect Construinge those their diso<...> despightes offered vnto him did by a second Messadge require the said Riotous persons to leave and avoide his howse but they were soe farre from departinge, as thervppon they offred ‸⸢to thr<..> by⸣ them selves into diuerse mo<...> as absolute Masters of the howse and namely into one small Chamber beinge a passadge vnto an other Chamber wherin your said Subiectes wife at that time sicke, in which regard one Robert Nettleton <...>tes to your said subiect to avoide their Ladies disquiett did offer to keepe the said Riottous persons out of the said small Chamber whervppon the said Riottous persons the said seven and Twentith day of August afores<...>id Robert Nettleton and threwe him against the grounde, and thrust him forth by force out of the said Chamber, and kept the said Chamber with force and violence, And the said Riottous persons for keepinge <...> with force and stronge hande did discrye out of a windowe that diuerse Country people Cominge to your Subiect his howse who repaired thither vppon the sittinge vppon a Commission for the <...> your said subiect and some other your highnes Commissioners to be sitten on that day at Hacknes aforesaid, and thervppon the said Riotous persons woulde at the first needes take it as if some aide had bynne Called by <...>ve them out of his howse, and said they woulde keepe that Chamber against all the force your said Subiect shoulde bringe, still thinkinge by these Intollerable braveries and outrages to have t<...> with your said subiect even in his owne howse, And after beinge tolde by some of your said Subiectes servantes that the Cause of sutch repaire was the execution of a Commission the said Riotous persons <...>nd insolently said they Cared for noe Commission, and that they woulde have asunder any Commission that should be sitten vppon that day, And soone after the said Riottous persons seeminge to departe y<...> howse in greatt discontentment and Rage at their Comminge into the Courte before the gate of the said howse did then and there forcibly Riotously and vnlawfully flinge diuerse greate stones at the glasse Windowes of y<...>aidhowse and did with the same stones breake the glasse of the said windowes in sundry places And the said Smith one other of the said Riotours did then and there also at his and their goinge forthe of your said Subiectes howse ⸢<..> many slanderous malicious & sedicious speeches tending to the disturbance of the <...> and also did then and there⸣ forcibly Riotously and vnlawfully breake downe a hedge inclosinge ‸⸢the comon stockes of the said towne of Hacknesse and also did forciblye riotously & vnlawfullye ther & then breake Downe⸣ a Courte before the gate of Your subiectes said howse newly laid level by your said Subiect and the earth not setled and did ride to and fro vppon the said Courte or levelled ground in such sorte as he greatly spoiled the same and said he did so in spight of the said Subiect and that he Came to that and ‸⸢<...> said subiect being the first of Iuly last past a lawfull Comission for the within the liberty of Pyckering lythe within the said County of yorke did they chardge the said william Dawney then being an Inhabitant within the said liberty to finde a man furnished with a musket for your Maiestes service in the said musters & then directed a warrant to the constable to warne the said Dawney to finde a man furnished as aforesaid to come to the musters there, After that in Iuly aforesaid <..>wney beinge so warned did at the time appointed not only contemptuously make Default of sending the same But did the xx^th of Iuly aforsaid write to the said subiect and expostulating angry & threatening letters for that your said Subiect had so cessed him which was deliuered vnto your said subiect.⸣ All which misdemenours and Ryottes were Committed and procured by the said Riotous persons aforesaid since your Maiesties last generall pardon Now most dreade Souereigne in Regard that it Concerneth the publike peace and generally government of this Your highnes Realme of England that men be protected ‸⸢both in their services⸣ and specially in their owne howses from all such Insolencyes, Braveries, Disgraces, Outrages and Ryottes beinge the more odious when they are grounded vppon malice formerly Conceived for executinge Your highnes lawes and Commissions, and beinge Caried vnder Colour of kinde and frendly meetinge May it therfore please your most excellent Maiestie to graunt to Your said Subiect Your most gratious seuerall writtes of subpena to be directed to the Lord William Ewre ‸⸢Sir William Ewre⸣ William Dawney °George° Smith William Boarne, Richard Cholmly Iohn Cholmly, George Wheatly, William H<.>lliard the Younger Stephen Hutchenson ‸⸢and Roberte Cooke Iohn Harrison Robert Wright⸣ and the rest of the said Riotous persons after your said Subiect shall know their names therby Comaundinge them and euery of them at a day Certeyne therin to be lymmitted and vnder a Cir<...> therin to be Conteyned personally to appeare before Your Maiestie in Your highnes most Honorable Court of Starrchamber then and there to answere the premisses and to receive such punishment for their said misdemeanours and off<...> Comis<........>r highnes said Courte shall serue to stande with equitie and Iustice, And Your said Subiect shall accordinge to his bounden dutie pray to god for Your highnes longe and prosperous Reigne <...>

(signed) <...> yeaverton